**Document:** Planning Officer Report **Application:** 13/00534/B — Demolition of existing property and erection of a building of four apartments with associated parking **Decision:** Permitted **Decision Date:** 2013-06-12 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/4365-braddan-145-147-royal-demolition-new-build/documents/1291540 --- # Planning Officer Report ## Officer's Report [Table omitted in markdown export] 1.0 THE APPLICATION SITE 1.1 The application site comprises a rectangular parcel of land located on the western side of Royal Avenue in Onchan, which currently contains a detached two storey building divided into two separate apartments. Vehicular access onto Royal Avenue already exists. 2.0 THE PROPOSAL 2.1 The proposal comprises the demolition of the existing property and the erection of a replacement property containing four 1 bedroom apartments. The proposed building is two storeys in height, with each apartment having its own private garden to the rear of the site and four on-site car parking spaces provided to the front of the site. 3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application: 3.2 Planning application 12/01526/B sought planning approval for the demolition of existing property and erection of a replacement property to provide four apartments with associated parking on the application site. This previous planning application was refused on the 31st January 2013 for the three following reasons: 1. The proposed development would cause unacceptable harm to the private residential amenity of existing residential property adjoining the application site. Specifically, the proposed elevated balconies will result in unacceptable overlooking or an unacceptable perception of overlooking of those adjoining properties to the detriment of their private residential amenity. As such, the proposed development is contrary to the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007. 2. The relevant parking standard for the proposed development under the provisions of Appendix 7 of the Isle of Man Strategic Plan 2007 is eight spaces. By providing only four spaces the proposed development fails to meet that standard and is therefore contrary to the provisions of General Policy 2 and Transport 7 of the Isle of Man Strategic Plan 2007. 3. The dimensions of the proposed car parking spaces fail to meet current minimum standards of 3.25m x 6m for this type of car parking layout and the entrance width fails to meet the current minimum standard width of 4.1m. Furthermore, it is not believed that all vehicles could enter and exit the site in a forward gear due to the limited manoeuvring space. As such, it is concluded that the proposed development is detrimental to highway safety and public amenity, thereby contrary to the provisions of General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2007. 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan. 4.2 Policy O/RES/P/19 of the written statement (Planning Circular 1/2000) that accompanies the Onchan Local Plan states: "The erection of new residential properties may be permitted within areas designated for residential use where these would fit in with the density, massing, design and character of existing adjacent dwellings." 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption." 4.4 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." 4.5 Appendix 7 of the Isle of Man Strategic Plan 2007 sets out parking standards. For apartments the relevant car parking standard is 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms. ## 5.0 Representations 5.1 Onchan District Commissioners recommend that the planning application be approved. 5.2 The Department of Infrastructure Highways Division do not oppose the planning application. 5.3 The Isle of Man Water and Sewerage Authority do not oppose the planning application. 5.4 The owners and/or occupants of 149 Royal Avenue, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is harmful to their private amenity, particularly in terms of loss of natural light, loss of sunlight and overbearing. They consider the proposal to be out of keeping with the surrounding area, too big for the plot and essentially over intensive development. They also express concerns about the general impact of the proposed development on the surrounding area in respect of traffic, parking, nose and service provision. 5.5 The owners and/or occupants of 112 Royal Avenue, which is located opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern over the car parking provision. Whilst acknowledging that the relevant standard is one space for a one bedroom apartments they believe that car parking levels will probably be higher than this. 5.6 The owners and/or occupants of 116 Royal Avenue, which is located opposite the application site, object to the planning application. The grounds for their objection can be summarised as concern over the impact on their private amenity, particularly in respect of overlooking and loss of light. They also highlight concerns over parking provision. 5.7 The owners and/or occupants of 18 Kerrocoar Drive, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the repositioning of the proposed replacement building and the proximity of communal gardens will be detrimental to their private amenity. ## 6.0 Assessment 6.1 The first issue to consider is the principle of residential development on the application site. In terms of this as stated earlier in this report the application site is located within a wider area of land that is designated as being predominantly residential use under the extant local plan. As the planning application proposes residential development in a residential area the basic principle of residential development is concluded to be acceptable. The main purpose of the planning application is therefore to consider the site specific impacts and acceptability of what is specifically proposed by the planning application. In terms of assessing the site specific impacts the key issues to consider are i) public amenity; ii) private amenity; and iii) highway safety and car parking arrangements. 6.2 In terms of public amenity the key issue is the acceptability of the appearance of the proposed development within the street scene. It can be seen that Royal Avenue contains a mixture of detached and semi-detached two storey buildings of generally similar heights. Whilst the character of Royal Avenue is reasonably well established by this pattern the actual design of buildings does vary. The planning application proposes to replace an existing detached building with a detached building of similar ridge height but greater site coverage. Taking account of this the effect of the proposed building within the street scene and therefore the impact on public amenity is considered to be acceptable. 6.3 When considering private amenity it is necessary to consider i) the acceptability of the proposed development on the private amenity of existing surrounding property; and ii) the acceptability of the private amenity of the proposed development. In terms of i) whilst the proposed building is larger than the one it replaces it is not considered that it would result in undue loss of light, overshadowing or overbearing on the existing surrounding properties. The development proposed by this current planning application no longer includes the balcony elements that were part of the reason for refusal of previous planning application 12/01526/B, thus automatically resolving that issue. Overall, it is considered that the impact of the proposed development on the private amenity of existing properties is acceptable. The apartments proposed by the planning application provide acceptable living standards for themselves. 6.4 Under the provisions of Appendix 7 of the Isle of Man Strategic Plan 2007 the proposed development requires 4 on-site car parking spaces. The planning application only proposes 4 on-site car parking spaces and therefore meets the stated requirement. The dimension of these spaces and manoeuvrability space between them meets the Department of Infrastructure Highways Division. As such, it is concluded that the impact on highways safety and car parking arrangements are acceptable. #### 7.0 Recommendation 7.1 It is recommended that the planning application be approved. #### 8.0 Party Status 8.1 It is considered that the following parties that made representations to the planning application should be afforded interested party status: Onchan District Commissioners; The Isle of Man Water and Sewerage Authority; The owners and/or occupants of 149 Royal Avenue; and The owners and/or occupants of 18 Kerrocoar Drive. 8.2 It is considered that the following parties that made representations to the planning application should not be afforded interested party status: The Department of Infrastructure Highways Division; The owners and/or occupants of 112 Royal Avenue; and The owners and/or occupants of 116 Royal Avenue. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 10.06.2013 ### Conditions and Notes for Approval / Reasons and Notes for Refusal #### C: Conditions for approval #### N: Notes attached to conditions #### R: Reasons for refusal #### O: Notes attached to refusals #### C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. #### C 2. The development hereby permitted shall not be carried out except in full accordance with drawing no.s 01, 02, 03, 04 rev. A and 05 rev. A date stamped the 2nd May 2013. #### C 3. Prior to the first occupation of any of the apartments the parking spaces and access must be set in accordance with drawing no. 05 rev. A date stamped the 2nd May 2013. Thereafter those spaces shall be retained for use by the apartments throughout the lifespan of the development. #### N 1. The applicant is advised that the Isle of Man Water and Sewerage Authority require the culvert that crosses the front of the development must be protected at all times. Any works to replace/repair the culvert must be discussed with the Isle of Man Water and Sewerage Authority and permissions obtained as required under the Land Drainage Act 1934. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager / Senior Planning Officer. **Decision Made:** Permitted **Date:** ............................................................................................................................................................................... **Determining officer (delete as appropriate)** Signed: ............................................................................................................................................................................... Anthony Holmes **Senior Planning Officer** Signed: ............................................................................................................................................................................... Michael Gallagher **Director of Planning and Building Control** Signed: ............................................................................................................................................................................... Sianne McCulloch **Senior Planning Officer** Signed: ............................................................................................................................................................................... Sianne McCulloch **Jennifer Chance** **Development Control Manager** --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/4365-braddan-145-147-royal-demolition-new-build/documents/1291540*